Four Elements Of A Wrongful Death Case An Attorney Must Prove

Law Blog

If you are involved in a wrongful death case, you definitely want to be sure that you hire a wrongful death attorney. This is because an attorney knows how to prove that the case really is a wrongful death case instead of just an accidental death. Here are the four elements an attorney must prove that he or she is thoroughly experienced to understand:

1. Due Care

In order for someone to even be potentially guilty of a wrongful death, they must first have been under due care for the person. The definition of due care can vary depending on the state and circumstances. However, due care usually means that the person was responsible for ensuring that the person who had passed was safe.

Typically the person providing due care could be a live-in nurse, a doctor, or even a relative who agreed to be responsible to care for the person who had passed. An attorney must prove that the person being accused did indeed agree to the role of due care. 

2. Failure of Duty

Once it has been proven that the person accused of wrongful death did, in fact, have a role in due care, then the attorney must prove that their due care was abandoned at some point.

For example, if it is a doctor, the attorney must prove that the doctor did not meet certain protocols when it came to the person who had passed.

Or, if it is a driver being accused of wrongful death, then the attorney must prove that, at some point, the driver was not paying attention to the road or was under the influence making them responsible for the death of the passenger in their vehicle who was in their care. 

3. Cause

Once the attorney has proven that the person providing due care was negligent at some point, the attorney must prove that the person's death was caused directly because of that negligence. This can be more difficult, which is why having an attorney to help provide the facts behind the situation is helpful.

For example, proving that a driver was not paying attention to the road can be difficult to prove, but once it is proven, then the attorney must determine that at that same point in time, the driver caused an accident.

4. Damage

Now that the three other elements have been proven, the attorney must provide sufficient evidence that the wrongful death was a damage that resulted directly from the negligence.

For example, if the person who has passed was taken to the hospital after a car accident caused by the person being accused of wrongful death, but the hospital had determined that the death was not in direct collation with the accident, then the person being accused might not have actually been responsible for the death. 

Knowing the four elements that need to be proven in a wrongful death case will ensure that you better understand why hiring a wrongful death attorney is the best way to win the case. All the details that must be proven are more easily determined and described by an experienced attorney. For more help, contact a company like the Law Offices of Anthony L Coviello LLC with any questions or concerns you have.


27 March 2015

Choosing To Fight

Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.